Posts tagged Elder Law.
Beneficiary Designation Dispute Based on Recent Dementia Diagnosis Not Enough to Invalidate Beneficiary Designation for Lack of Capacity

A last will and testament is one way that a person can transfer assets upon death. That only applies to probate assets; that is, assets that are held in the name of the decedent only upon his or her death, or assets that are payable to his or her estate. It is becoming more common for people to own assets, such as life insurance, retirement accounts, and annuities, that can have beneficiary designations. You have probably heard about will contests and challenging wills. Did you know that you can also challenge beneficiary designations? And did you know that same reasons to set aside a ... Read More ›

In re Estate of Shaffer – Does the Voiding Statute Apply to Non-Conforming Wills? 

A last will and testament is one of those rare documents in life where formalities apply to the execution. In Ohio, there are specific formalities that must be followed in order for a will to be deemed valid. For example, the testator – that is, the person making the will – must: 

- be an adult, at least 18 years of age 

- of sound mind, - free of undue influence or restraint. R.C. 2107.02. 

The will must be: 

- in writing, 

- signed at the end by the testator (or by someone else at the direction of the testator and in his/her conscious presence), 

- attested and subscribed in the presence of two “competent” witnesses or the testator must acknowledge his/her signature to the two competent witnesses at a later time. R.C. 2107.03. Read More ›

Recent Case Highlights the Right of Persons to Intervene in a Guardianship Proceeding

Recently the Ninth District Court of Appeals made a ruling in the matter of In Re: Guardianship of Bakhtiar, which allows persons interested in the welfare of another the ability to intervene in guardianship proceedings if the party who is intervening can demonstrate an interest relating to the property or transaction that is the subject of the action.Read More ›

Adriann S. McGee Named to Ohio Coalition for Adult Protective Services Board of Directors

Reminger Co., LPA is pleased to announce that Adriann S. McGee has been named to the Board of Directors for the Ohio Coalition for Adult Protection Services (OCAPS). OCAPS is a statewide coalition that strives to enhance the provision of services to adults at risk of abuse, neglect, and exploitation through education and advocacy.Read More ›

Elder Fraud Measure SB 158 Officially Passed by Both the Senate and the House 

The House unanimously passed the elder fraud bill (SB 158) after voting 81-1 to accept an amendment on the floor to add appointees by the House and Senate minority leaders as ex officio members to the Elder Abuse Commission. "We want to make sure we have many voices that can contribute," Rep. Stephanie Howse (D-Cleveland) said.

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Tags: Elder Law
Drastic Changes to VA Pension Benefits Going into Effect

On September 18, 2018, the U.S. Department of Veterans Affairs (VA) issued Final Rule Number 8320-01, RIN 2900-AO73, which goes into effect on October 18, 2018.  This Rule establishes new requirements for evaluating net worth, medical expense deductions, and asset transfers,and drastically changes the planning opportunities available for veterans and their surviving spouses.  Read More ›

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